Dish Network urged the FCC to determine whether Sprint...
Dish Network urged the FCC to determine whether Sprint Nextel has de facto control over Clearwire. The national security significance of Sprint’s control over Clearwire emerged “only once it was disclosed that the NSA [national security agreement] is premised on…
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the assumption that Sprint lacks operational control over Clearwire today,” Dish said in a letter in docket 12-343 (http://bit.ly/13Caasd). If SoftBank acquires Sprint, and Sprint’s current rights in Clearwire are not expanded, “then the requirements for the decommissioning of certain Chinese-manufactured equipment and the review of new equipment purchases under the NSA would not be triggered.” Sprint’s extensive rights in Clearwire make that central notion questionable “both under the commission’s own control analysis and the standard applicable under the national securities laws,” it said: “Given Sprint’s majority equity position and majority board participation in Clearwire, it is incumbent on SoftBank and Sprint to explain why de facto control does not exist.”